Sport recreation and leisure liability insurance portfolio Policy wording

Transcription

1 Sport recreation and leisure liability insurance portfolio A seamless integrated insurance solution for clients in the sport, recreation and leisure sector. Please read this wording, together with any endorsements and the schedule, very carefully. If anything is not correct, please notify us immediately. This wording is fully protected by the laws of copyright. No unauthorised use or reproduction is permitted. Our promise to you In return for the premium you have paid, we agree to insure you in accordance with the terms and conditions of the policy. Steve Langan Managing Director, Hiscox UK Complaints procedure Hiscox aims to ensure that all aspects of your insurance are dealt with promptly, efficiently and fairly. At all times Hiscox are committed to providing you with the highest standard of service. If you have any concerns about your policy or you are dissatisfied about the handling of a claim and wish to complain you should, in the first instance, contact Hiscox Customer Relations in writing at: Hiscox Customer Relations Hiscox House Sheepen Place Colchester CO3 3XL or by telephone on or by at customer.relations@hiscox.com. Where you are not satisfied with the final response from Hiscox, you also have the right to refer your complaint to the Financial Ombudsman Service. For more information regarding the scope of the Financial Ombudsman Service, please refer to Hiscox Ltd WD-HSP-UK-PSS-GTC(7e) /14

2 General terms and conditions General definitions Words shown in bold type have the same meaning wherever they appear in this policy. The words defined below are used throughout this policy. Any other definitions are shown in the section to which they apply. Additional insureds Any individuals or entities shown in the schedule or listed in any endorsements. Asbestos risks a. The mining, processing, manufacturing, use, testing, ownership, sale or removal of asbestos, asbestos fibres or material containing asbestos; or b. exposure to asbestos, asbestos fibres or materials containing asbestos other than where such exposure is due to your activities taking place in a building where you did not know asbestos, asbestos fibres or materials containing asbestos were present; or c. the provision of instructions, recommendations, notices, warnings, supervision or advice given, or which should have been given, in connection with asbestos, asbestos fibres or structures or materials containing asbestos. Confiscation Date recognition Defence costs Endorsement Excess Geographical limits Member Confiscation, nationalisation, requisition, expropriation, deprivation, destruction of or damage to property by or under the order of any government or public or local authority. Any failure by any equipment (including any hardware or software) to correctly recognise any given date or to process any data or to operate properly due to any failure to correctly recognise any given date. Costs incurred with our prior written agreement to investigate, settle or defend a claim against you. A change to the terms of the policy. The amount you must bear as the first part of each agreed claim or loss. The geographical area shown in the schedule. Your: a. current registered members; b. past members whilst acting on your behalf under your supervision; c. prospective members whilst participating in your activities under your supervision. Nuclear risks a. Any sort of nuclear material, nuclear reaction, nuclear radiation or radioactive contamination; b. any products or services which include, involve or relate in any way to anything in a. above, or the storage, handling or disposal of anything in a. above; c. all operations carried out on any site or premises on which anything in a. or b. above is located. Period of insurance Policy Policyholder Programme Retroactive date Terrorism The time for which this policy is in force as shown in the schedule. This insurance document and the schedule, including any endorsements. The insured named in the schedule, not including any additional insureds. A set of instructions written in a computer language which tells a computer how to process data or interact with ancillary equipment. The agreed retroactive date shown in your schedule. An act, or the threat of an act, by any person or group of persons, whether acting alone or on behalf of or in connection with any organisation or government, that: a. is committed for political, religious, ideological or similar purposes; and b. is intended to influence any government or to put the public, or any section of the public, in fear; and c. i. involves violence against one or more persons; or ii. iii. involves damage to property; or endangers life other than that of the person committing the action; or 2011 Hiscox Ltd WD-HSP-UK-PSS-GTC(7e) /14

3 General terms and conditions iv. creates a risk to health or safety of the public or a section of the public; or v. is designed to interfere with or to disrupt an electronic system. Virus War We/us/our You/your Your activities Programmes that are secretly introduced without your permission or knowledge including, but not limited to, malware, worms, trojans, rootkits, spyware, dishonest adware, crimeware and other malicious unwanted software. War, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power. The insurers named in the schedule. The policyholder and, if applicable, any additional insureds. Your activities declared to us and accepted by us, shown in the schedule. Conditions precedent General conditions 2, 3 and 4 below, General claims condition 1 and the conditions shown in each section under the heading Your obligations are all conditions precedent to our liability. We will not make any payment under this insurance unless all requirements of those conditions are complied with. General conditions The following conditions apply to the whole of this policy. Any other conditions are shown in the section to which they apply. Basis of insurance 1. Because of its importance, all information which you or anyone on your behalf provided before we agreed to insure you is incorporated into and forms the basis of this policy Hiscox Ltd WD-HSP-UK-PSS-GTC(7e) /14 All facts and matters which might be relevant to our consideration of your proposal must be disclosed and all material representations made to us must be true, otherwise we are entitled to treat this insurance as if it had never existed. Change of circumstances 2. You must tell us as soon as reasonably possible of any change in circumstances during the period of insurance which may materially affect this policy. (A material fact or circumstance is one which might affect our decision to provide insurance or the conditions of that insurance). We may then change the terms and conditions of this policy. Due diligence 3. You must take reasonable steps to prevent accident or injury and to protect your property against loss or damage. You must keep any property insured under this policy in good condition and repair. Premium payment 4. We will not make any payment under this policy unless the policy premium has been paid. Cancellation 5. The policyholder or we can cancel the policy by giving 30 days written notice. We will give a pro-rata refund of the premium for the remaining portion of the period of insurance after the effective date of cancellation that has already been paid. However, we will not refund any premium under ten pounds. If we have agreed that the premium can be paid to us by instalments and we have not received an instalment 14 days after the due date, we may cancel the policy. In this event, the period of insurance will equate to the period for which premium instalments have been paid to us. We will confirm the cancellation and amended period of insurance in writing. Multiple insureds 6. The most we will pay is the relevant amount shown in the schedule. If more than one insured is named in the schedule, the total amount we will pay will not exceed the amount we would be liable to pay to any one of you, unless otherwise agreed by us in any section of this policy. You agree that the policyholder is authorised to receive all notices and agree any amendments to the policy. Aggregate limit 7. Where this policy specifies an aggregate limit, this means our maximum payment for all relevant claims or losses covered under the policy during the period of insurance.

4 General terms and conditions If the period of insurance is continuous, the aggregate limit will apply to all relevant claims or losses covered under the policy during the 12 months from the date the continuous cover starts. Each aggregate limit will be reinstated to the level shown in the schedule at each anniversary. Rights of third parties 8. You and we are the only parties to this policy. Nothing in this policy is intended to give any person any right to enforce any term of this policy which that person would not have had but for the Contracts (Rights of Third Parties) Act Other insurance 9. We will not make any payment under this policy where you would be entitled to be paid under any other insurance if this policy did not exist except in respect of any amount in excess of the amount that would have been payable under such other insurance had this policy not been effected. If such other insurance is provided by us the most we will pay under this policy will be reduced by the amount payable under such other insurance. Governing law Arbitration 10. Unless some other law is agreed in writing, this policy will be governed by the laws of England. 11. Any dispute arising out of or relating to this insurance, including over its construction, application and validity, will be referred to a single arbitrator in accordance with the Arbitration Act then in force. General claims conditions The following claims conditions apply to the whole of this policy. Any other claims conditions and procedures are shown in the section to which they apply. Your obligations 1. We will not make any payment under this policy unless you: a. give us prompt notice of anything which is likely to give rise to a claim under this policy, in accordance with the terms of each section; b. give us, at your expense, any information which we may reasonably require and co-operate fully in the investigation of any claim under this policy; c. make every reasonable effort to minimise any loss, damage or liability and take appropriate emergency measures immediately if they are required to reduce any claim; d. give us all assistance which we may reasonably require to pursue recovery of amounts we may become liable to pay under this policy, in your name but at our expense. Fraud 2. If you, or anyone on your behalf, tries to deceive us by deliberately giving us false information or making a fraudulent claim under this policy then we will treat this policy as if it had never existed Hiscox Ltd WD-HSP-UK-PSS-GTC(7e) /14

5 Property definitions Special definitions for all property sections Amount insured Buildings Business premises Damage Earth movement Flood Identity fraud Property Sports equipment Standard construction Storm Subsidence The most we will pay as shown in the schedule. Unless we say otherwise, the amounts apply to each incident of loss and will be automatically restored to the full amount after we pay a loss provided you carry out our recommendations to prevent further loss or damage. The buildings, including outbuildings and annexes, at the premises shown in the schedule, which belong to you or for which you are legally responsible, including: a. outbuildings, changing rooms, club houses, pavilions, gyms and hides; b. greens, courts, pitches, playing surfaces including artificial surfaces, stands, scoreboards and fixed floodlighting; c. fixtures and fittings, fixed fuel tanks; d. walls, gates and fences, car parks, yards, private roads, pavements and paths, at the premises; e. pipes, ducting, cables, wires and associated control equipment at the premises and up to the public mains. The following are not included within this definition: a. the land at the premises; b. any water at the premises; c. any trees or shrubs; d. any marquees, temporary structures or their accessories. The space you occupy or use for the purposes of your activities at the premises shown in the schedule including any outbuildings you occupy or use on the same premises. Accidental physical loss or physical damage. Any natural or man-made earth movement including, but not limited to earthquake, seaquake, volcanic eruption or subsidence and any ensuing tsunami. Rising surface or tidal water, or the overflow of water from any natural or artificial watercourse (other than water tanks, apparatus or pipes), whether driven by storm or not. Someone, or a group of people, knowingly using a means of identification belonging to you without your knowledge or authorisation and with the intention of committing or helping someone else to commit an illegal act. Tangible property. The equipment used in connection with your activities which belongs to you or for which you are legally responsible. The following are not included within this definition: a. any aircraft or other aerial device; b. hovercraft; c. any mechanically propelled watercraft; d. any mechanically propelled vehicle; e. any unlicenced or unregistered firearms. Built of brick, stone or concrete and roofed with slate, tiles, concrete, metal, asbestos or any other non-combustible material. High winds of a destructive nature, rainstorm, hailstorm or snowstorm. Subsidence, landslip or heave. WD-HSP-UK-PSS-PD(4a) /14

6 Sport recreation and leisure liability Property sports equipment Special definitions for this section Enclosed premises Location A locked building or secure gated compound. Any location within the geographical limits where you carry out your activities. What is covered Additional cover Continuing hire charges Debris removal We will insure you against damage occurring during the period of insurance to sports equipment while: a. contained in your business premises or in the home of any committee member, trustee, director, employee or current member of yours provided the home is within the geographical limits; b. being used with your permission on location; or c. being used with your permission while in transit (within the geographical limits) between any location and: i. your business premises; or ii. the home of any committee member, trustee, director, employee or current member of yours; including loading and unloading. We will also pay for the following where stated on the schedule. Loss of hiring charges for which you are legally responsible under a standard hire contract arising directly from damage insured under this section. We will only pay for continuing hire charges for the period beginning at the date of the damage until the sports equipment is repaired or replaced but for no longer than 13 weeks. The necessary and reasonable costs and expenses you incur to remove debris of sports equipment from your business premises, any location or the area immediately adjacent, following damage insured by this section, but we will not pay more than the amount stated on the schedule for any one claim. What is not covered We will not make any payment for: 1. damage caused by: a. wear and tear, inherent defect, rot, fungus, mould, vermin or infestation, or any gradually operating cause; b. dryness or humidity, being exposed to light or extreme temperatures, unless the damage is caused by storm or fire; c. storm or flood to sports equipment stored in the open, unless the sports equipment is designed for all year outdoor installation including but not limited to stands and floodlights; d. a rise in the water table; e. theft or attempted theft: i. unless the sports equipment is stored in enclosed premises and the theft or attempted theft involves entry to, or exit by forcible or violent means; ii. iii. iv. unless the sports equipment is under the personal supervision of you or anyone authorised by you; from any aircraft or boat unless the sports equipment is adequately and professionally packed and stowed in the hold of an aircraft or boat, or in the custody and control of the airport or seaport operator or their agents; from any motor vehicle unless: WD-HSP-UK-PSS-PYS(2) /14

7 Sport recreation and leisure liability Property sports equipment the sports equipment is completely contained within the motor vehicle or secured by a closed shackle padlock to a purpose-built rack fully fitted to the motor vehicle; and the motor vehicle is fully locked with all security protections in force; and between the hours of 9.00pm and 7.00am the sports equipment is not left in or on the motor vehicle, unless such motor vehicle is in a secure car park. In the event of a claim we will only pay if the theft from a motor vehicle is a direct result of violent and forcible entry to the vehicle, or violent and forcible entry or exit from a secure car park, by the thieves. f. frost, other than damage due to water leaking from burst pipes forming part of the permanent internal plumbing provided the business premises is occupied and in use; g. date recognition; h. any computer virus; i. packing being inadequate. 2. damage to sports equipment being cleaned, treated, tested, commissioned, serviced, maintained, renovated, restored, repaired, inspected or worked on. 3. damage to sports equipment while stored at any building which has been left unoccupied for more than 60 consecutive days. 4. damage to any sports equipment directly resulting from its own breakdown, explosion or collapse. 5. misuse, inherent defect, inadequate or inappropriate maintenance, faulty workmanship, defective design or the use of faulty materials. 6. deliberate damage to or neglect of your sports equipment. 7. unexplained loss or disappearance or inventory shortage. 8. loss due to clerical or accounting errors. 9. loss by fraud or dishonesty. 10. damage, other than theft or attempted theft, to any sports equipment while in transit by air or sea, stowed in the hold of an aircraft or watercraft, or in the custody and control of the airport or seaport operator or their agents unless the sports equipment is packed securely in a protective case designed to be used with the sports equipment or is packed by a professional transit company. 11. financial loss due to your parting with title or possession of sports equipment or rights to sports equipment prior to receiving payment in full. 12. the cost of any routine repair, inspection, maintenance, cleaning or adjustment where no damage has occurred. 13. any indirect losses which result from the incident which caused you to claim, except for continuing hire charges. 14. pollution or contamination except damage to sports equipment which is not otherwise excluded and which is caused by: a. pollution or contamination which itself results from insured damage covered under this section; or b. damage which would otherwise be covered under this section which itself was caused by pollution or contamination. 15. a. damage directly or indirectly caused by, resulting from or in connection with terrorism or any action taken to control, prevent or respond to terrorism; b. damage in Northern Ireland directly or indirectly caused by civil commotion. If there is any dispute between you and us over the application of this exclusion, it will be for you to show that the exclusion does not apply. 16. war, confiscation and nuclear risks. 17. the amount of the excess. 18. damage to any mechanically propelled watercraft, aircraft or vehicles, unless otherwise agreed. WD-HSP-UK-PSS-PYS(2) /14

8 Sport recreation and leisure liability Property sports equipment How much we will pay Repair and replacement Wear and tear Under insurance Pair and sets Other interests We will pay up to the amount insured shown in the schedule unless limited below or in the schedule. At our option we will repair, replace or pay for any lost or damaged items on the following basis: a. for sports equipment, other than clothing, footwear, protective garments including helmets, watercraft, vehicles, cases or bags, the cost of repair or replacement as new; b. If the sports equipment was built or assembled by you, we will only pay the price you paid for the constituent parts. The amount that we will pay for damage to any clothing, footwear, protective garments including helmets, watercraft, vehicles, cases or bags insured within your sports equipment will be reduced to take into account wear and tear. The reduction will be based on the following scale: 1. less than one year old, no reduction for wear and tear; 2. between one and two years old, a 10% reduction for wear and tear; 3. between two and three years old, a 20% reduction for wear and tear; 4. between three and five years old, a 40% reduction for wear and tear; 5. between five and seven years old, a 60% reduction for wear and tear. We will not make any payment for any clothing, footwear, protective garments including helmets, watercraft, vehicles, cases or bags that is more than seven years old. If, at the time of damage, the amount insured is less than 85% of the total value of the sports equipment, the amount we pay will be reduced in the same proportion as the under insurance. If any sports equipment that has an increased value because it forms part of a set is damaged, any payment we make will take account of the increased value. Any payment we make will take into account the interest of any party having an insurable interest in the sports equipment, provided you have advised us of the nature and extent of the interest together with the name and address of that interested party. Your obligations If any damage occurs Hiring equipment We will not make any payment under this section unless you notify us promptly of any damage which might be covered. If you think a crime has been committed, you must also report it to the police. In the case of the loss or theft of any sports equipment, we will not make any payment unless you report the loss to the police within 48 hours after you become aware of it. When hiring in sports equipment you must complete and record an inventory check and inspect all sports equipment for damage prior to acceptance and agree a schedule of any damage with the hire company before taking charge of the sports equipment. Upon returning the sports equipment to the hire company you must only return the sports equipment to persons authorised within the hire company to accept the return of equipment. We will not make any payment for any claim or loss where you fail to demonstrate to our satisfaction that you have complied with these requirements. WD-HSP-UK-PSS-PYS(2) /14

9 Property - Terrorism Except where specifically stated below, the General terms and conditions, the Property definitions and the terms and conditions of the Buildings, Contents and Business interruption sections all apply to this extension. 1. In return for the additional premium you have paid for the Buildings and Contents part of this extension, this policy extends to cover damage, occurring during the period of insurance and caused by an act of terrorism (as defined below), to the property insured under the Buildings and Contents sections of this policy located in England, Wales or Scotland (not including the Channel Islands or the Isle of Man), but only where the act of terrorism has been certified as such by Her Majesty s Government or Her Majesty s Treasury or any successor authority. If you have paid the additional premium for the Business interruption part of this extension, we shall regard damage occurring during the period of insurance and caused by an act of terrorism (as defined below) as insured damage for the purposes of the Business interruption section of the policy, but only where the act of terrorism has been certified as such by Her Majesty s Government or Her Majesty s Treasury or any successor authority. 2. Any exclusion of terrorism within the Buildings, Contents or Business interruption sections will not operate to negate the coverage given under this extension. 3. For the purposes of this extension, an act of terrorism shall mean an act of any person acting on behalf of, or in connection with, any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of Her Majesty s government in the United Kingdom or any other government de jure or de facto or as otherwise defined in the Reinsurance (Acts of Terrorism) Act 1993 or any amendments to such Act as may be made from time to time. 4. We will not make any payment under this extension for: a. damage caused by war risks; or b. damage to any computer system or other equipment or component or system or item which processes, stores or transmits or receives data or any part of data, whether tangible or intangible (including, but without limitation, any information or program or software) and whether your property or not, where such damage is caused by any virus or similar mechanism or hacking or denial of service attack. As used in 4.b above: a. virus or similar mechanism means program code, programming instruction or any set of instructions intentionally constructed with the ability to damage, interfere with or otherwise adversely affect computer programs, data files or operations, whether involving self-replication or not. The definition of virus or similar mechanism includes, but is not limited to, Trojan Horses, worms and logic bombs; b. hacking means unauthorised access to any computer or other equipment or component or system or item which processes, stores or retrieves data, whether your property or not; and c. denial of service attack means any actions or instructions constructed or generated with the ability to damage, interfere with or otherwise affect the availability of networks, network services, network connectivity or information systems and include, but are not limited to, the generation of excess traffic into network addresses, the exploitation of system or network weaknesses and the generation of excess or nongenuine traffic between and amongst networks. 5. The following terms and conditions of the policy shall not apply to the coverage provided by this extension: a. any long term agreement or undertaking; or b. any terms and conditions which provide for adjustment of the premium based upon declarations by you; or c. any extension to cover property located outside England, Wales or Scotland; or d. any provision for a premium refund following cancellation, but only when such cancellation relates solely to the coverage under this extension. In the event you cancel the coverage under this extension any unpaid premium for the period of insurance must be paid to us. WD-PIP-UK-PRE(3) /11

10 Property - Terrorism 6. The following additional conditions are all conditions precedent to our liability. We will not make any payment under this extension unless you comply with all the requirements of the conditions: a. You must pay us the additional premium referred to in 1. b. Where Buildings and Contents and Business interruption are covered under this extension, these sections must also be covered under the policy. WD-PIP-UK-PRE(3) /11